T 0726/93 (Textile machines) of 1.7.1994 | XEPC: EPC and PCT resource

European Case Law Identifier:

ECLI:EP:BA:1994:T072693.19940701

Date of decision:

01 July 1994

Case number:

T 0726/93

Application number:

89115305.8

IPC class:

D02G 1/12

Language of proceedings:

Distribution:

Download and more information:

No PDF available
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in:	DE \| EN \| FR
Versions:	OJ

Title of application:

Applicant name:

Rieter

Opponent name:

Board:

3.2.05

Headnote:

The EPO may as a matter of discretion pursuant to Rule 88 EPC allow a correction whereby erroneously filed wrong elements of the patent application relating to the disclosure (ie the set of claims, the description and the set of drawings) are replaced with the correct elements if, on the date of filing, it is immediately evident that incorrect elements were filed which are obviously not in keeping with the request for the grant of a patent, if the nature of the mistake is immediately obvious and if the applicant can prove conclusively which elements he actually intended to file. The applicant may use, as evidence of what he actually intended to file, all the documents filed on the filing date (where appropriate, also the priority documents and the designation of the inventor).

Relevant legal provisions:

European Patent Convention 1973 Art 123(2)
European Patent Convention 1973 R 88

Keywords:

Erroneous filing of parts of application documents

Catchwords:

Cited decisions:

G 0003/89
J 0004/80
J 0008/80
J 0012/80
J 0003/81

Citing decisions:

G 0002/95
J 0021/94
J 0005/06
J 0016/13

Source: http://www.epo.org/law-practice/case-law-appeals/recent/t930726ep1.html

Date retrieved: 17 May 2021